Scottish Public Services Ombudsman Act 2002

5 Matters which may be investigated S

(1) The matters which the Ombudsman is entitled to investigate are—

(a) in relation to a listed authority other than one to whom paragraph (b), (d) or (e) applies, any action taken by or [F1 on] behalf of the authority (other than action consisting of a service failure) in the exercise of administrative functions of the authority,

(b) in relation to a health service body or an independent provider, any action taken by or on behalf of the body or provider (other than action consisting of a service failure),

(c) in relation to a listed authority other than one to whom paragraph (d) or (e) applies, any service failure,

(d) in relation to a family health service provider, any action taken by or on behalf of the provider in connection with any family health services provided by that provider,

(e) in relation to a registered social landlord, any action taken by or on behalf of the landlord.

(2) In subsection (1), “service failure”, in relation to a listed authority, means—

(a) any failure in a service provided by the authority,

(b) any failure of the authority to provide a service which it was a function of the authority to provide.

(3) The Ombudsman may investigate a matter falling within subsection (1) pursuant to a complaint only if a member of the public claims to have sustained injustice or hardship in consequence of—

(a) where the matter is such action as is mentioned in paragraph (a), (b) or (e) of that subsection, maladministration in connection with the action in question,

(b) where the matter is such failure or other action as is mentioned in paragraph (c) or (d), the failure or other action in question.

(4) A person making such a claim is referred to in this Act as the “person aggrieved”.

(5) The Ombudsman may investigate a matter falling within subsection (1) pursuant to a request only if the Ombudsman is satisfied that—

(a) it has been alleged publicly (whether or not by a person aggrieved) that one or more members of the public have sustained injustice or hardship as mentioned in subsection (3), and

(b) the listed authority in question has taken all reasonable steps to deal with the matter to which the allegation relates.

(6) In this section “member of the public” means any individual or body of persons (whether incorporated or not) other than—

(a) the Parliamentary corporation,

(b) a local authority or other authority or body constituted for purposes of the public service or of local government,

(c) an authority or body constituted for the purposes of carrying on under national ownership an industry or undertaking or part of an industry or undertaking,

(d) any other authority or body—

(i) whose members are appointed by Her Majesty or by any Minister of the Crown or government department or by a member of the Scottish Executive, or

(ii) whose revenues consist wholly or mainly of money provided by the Parliament of the United Kingdom or sums payable out of the Scottish Consolidated Fund (whether directly or indirectly).

(7) This section is subject to sections 6 to 8.

Textual Amendments

F1 Word in s. 5(1)(a) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 3 para. 1 (with s. 31(6), sch. 7)